NZQA registered unit standard
26907 version 1
Page 1 of 4
Title
Demonstrate knowledge of business structures and arrangements,
and corporate liability, as a compliance practitioner
Level
4
Credits
4
Purpose
This unit standard is intended for people who work in
compliance roles in public sector organisations. People
credited with this unit standard are able to demonstrate
knowledge of business structure and arrangements; describe
corporate liability in a compliance environment; and explain
how a compliance practitioner’s awareness of business
structures and arrangements and/or corporate liability may be
applied.
Classification
Public Sector Compliance > Public Sector Compliance
Operations
Available grade
Achieved
Explanatory notes
1
Legislation applicable to this unit standard may include but is not limited to:
Interpretation Act 1999;
Companies Act 1993;
State-Owned Enterprises Act 1986;
Charitable Trusts Act 1957;
Incorporated Societies Act 1908;
Partnership Act 1908; and
specific legislation mandating the powers and duties of persons carrying out a
compliance role in an organisation with respect to its compliance role and/or any
other legislation applicable to a particular compliance situation (e.g. Fisheries Act
1996, Resource Management Act 1991).
Legislation includes any applicable subordinate legislation such as regulations,
bylaws, and licence conditions. Any legislation superseding any of the above will
apply for the purpose of assessment.
2
Demonstration of knowledge and skills must be consistent with any applicable code
or codes of conduct such as the New Zealand State Services Code of Conduct,
Standards of Integrity and Conduct (available from http://www.ssc.govt.nz) and/or
any other organisation-specific code or codes of conduct.
The Skills Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
26907 version 1
Page 2 of 4
3
Compliance practitioners, in order to carry out their roles effectively, must be able to
understand business structures and arrangements in order to assist compliance
subjects to comply and to ensure that their decision-making and behaviour are
appropriate. They must be aware of potentially complex business structures and
arrangements and correctly identify those persons who may be responsible for
ensuring compliance and/or liable for breaches of legislation, and they must be able
to identify business structures and arrangements that may have been set up to
enable and/or mask criminal activities.
4
Definitions
Compliance (role of) refers to the role, in a public sector organisation, of assessing
compliance subjects’ levels of adherence with regulatory requirements and carrying
out any appropriate intervention.
Compliance environment refers to the physical, social, economic, political, and
geographical environment that a public sector organisation’s compliance role is
carried out in.
Compliance investigation refers to the process of gathering and assessing
information to determine facts and, thereby, to determine degree of compliance or
otherwise.
Compliance subject refers to a natural person or an entity that is subject, in a
particular compliance context, to being regulated.
Corporate liability, for the purpose of this unit standard, may include Crown liability.
Intervention refers to any action, or set of actions, taken by a compliance officer to
encourage compliance or to hold a compliance subject accountable for noncompliance. These may include non-sanction interventions as well as sanctions.
Legal person may be a natural person or an entity, such as a limited liability
company, that is treated as a person for certain purposes.
Outcomes and evidence requirements
Outcome 1
Demonstrate knowledge of business structures and arrangements.
Evidence requirements
1.1
The concept of a legal person is explained.
1.2
Types of business structure and arrangements are explained in terms of their
legal bases and purposes.
Range
1.3
types of business structure and arrangements include but are not
limited to – registered companies, incorporated societies,
incorporated charitable trusts, partnerships, sole traders, use of
trusts in business structures, Crown entities.
Common roles in business structures and arrangements are described in
relation to their related compliance obligations and/or liabilities.
Range
The Skills Organisation
SSB Code 100401
includes but is not limited to – office holder, director, secretary,
trustee, beneficiary, partner, executive, shareholder, member,
employer, employee.
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
26907 version 1
Page 3 of 4
Outcome 2
Describe corporate liability in a compliance environment.
Range
forms of corporate liability – vicarious liability for acts and/or omissions of
agents, attribution of agent’s knowledge or intent to a legal person, joint liability
of a legal person and an agent.
Evidence requirements
2.1
Description explains forms of corporate liability.
2.2
Description identifies the forms of corporate liability in relation to compliance
situations, and explains their implications in terms of compliance investigation
and/or enforcement.
Outcome 3
Explain how a compliance practitioner’s awareness of business structures and
arrangements and/or corporate liability may be applied.
Evidence requirements
3.1
Examples are provided and explained to show how a compliance practitioner’s
awareness of business structures and arrangements and/or corporate liability is
applied in relation to compliance situations.
Range
evidence of at least two examples of compliance situations is
required;
compliance situations in the examples must collectively
encompass – assisting compliance subjects to comply, operating
appropriately and effectively as a compliance practitioner,
identifying persons who may be responsible for ensuring
compliance, detecting unlawful activity, identifying persons who
may be liable for breaches of legislation.
Planned review date
31 December 2015
Status information and last date for assessment for superseded versions
Process
Version Date
Last Date for Assessment
Registration
1
15 April 2011
N/A
Consent and Moderation Requirements (CMR) reference
0121
This CMR can be accessed at http://www.nzqa.govt.nz/framework/search/index.do.
The Skills Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
26907 version 1
Page 4 of 4
Please note
Providers must be granted consent to assess against standards (accredited) by NZQA,
before they can report credits from assessment against unit standards or deliver courses
of study leading to that assessment.
Industry Training Organisations must be granted consent to assess against standards by
NZQA before they can register credits from assessment against unit standards.
Providers and Industry Training Organisations, which have been granted consent and
which are assessing against unit standards must engage with the moderation system that
applies to those standards.
Requirements for consent to assess and an outline of the moderation system that applies
to this standard are outlined in the Consent and Moderation Requirements (CMRs). The
CMR also includes useful information about special requirements for organisations wishing
to develop education and training programmes, such as minimum qualifications for tutors
and assessors, and special resource requirements.
Comments on this unit standard
Please contact The Skills Organisation Limited info@skills.org.nz if you wish to suggest
changes to the content of this unit standard.
The Skills Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016